Privacy Policy for CloseBy® Text Marketing

American Marketing & Publishing, L.L.C. (“AMP”, “we”, “us”, or “our”) understands your concerns with regard to how information about you is used and shared, and we appreciate your trust that we will use and share information about you carefully and sensibly.  This CloseBy® Text Marketing Privacy Policy (this “Policy”) applies to information about you collected in connection with the CloseBy® Text Marketing service and associated services (the “Services”), as well as your access to and use of the SMS text messaging platform, websites, and other online hosted portals that support the Services (including, without limitation, the websites located at www.closeby.com and www.ampcorporate.com/solutions/closeby-text/) (collectively, the “Platform”).  This Policy describes what information we collect about you in relation to your use of the Platform and Services, how we collect it, how we use it, with whom we may share it, and what choices you have regarding it.

Please read this Policy carefully. By clicking “accept” or otherwise accessing and using the Platform and Services, you agree that you have read and understand this Policy and that you accept and consent to the privacy practices (and any uses and disclosures of information about you) that are described in this Policy.

Please note that this Policy does NOT apply to information collected by us through our other services, offerings, programs, websites, or any other means. For more information about our policies and practices governing the information obtained by such other means, please refer to our general privacy policy located at https://www.ampcorporate.com/privacy-policy/. In addition, this Policy does not apply to any websites operated by third parties. We are not responsible for, and this Policy does not apply to, the privacy practices of other companies or other websites. We encourage you to seek out and read the privacy policy of each website that you visit.

If you are a Subscriber and wish to stop receiving text messages from a Sender utilizing the Services, you may opt out of a text program and cease receiving texts from a Sender at any time by replying to a received text message from the Sender’s ten-digit long code number or short code 36000 with one of the following words: “STOP”, “END”, “CANCEL”, or “UNSUBSCRIBE”. Once your opt-out has been confirmed, you will no longer receive text messages from that Sender, and we will no longer share any of your information with that Sender.

 

When do we collect your information?

AMP collects information relating to you and your use of the Platform and Services in order to provide services and features that are responsive to your needs. We collect information from: (i) businesses, companies, civic organizations, units of government, nonprofit organizations, clubs, and similar senders (“Senders”); (ii) individual consumers and/or other members of the general public who have subscribed to receive such messages from a Sender(s) (“Subscribers”); and (iii) general Platform visitors and users (“Visitors”). We collect personal information in the following ways:

 

  • Directly from you.  We collect information from you when you register an account with us, send or respond to any text message sent on behalf of a Sender through the Platform, submit content or information to the Platform, fill out a form, complete a survey, request information, send us an email, text message, or other communication, speak with us on the telephone, or otherwise interact with us or the Platform or Services.
  • From other third-party sources. We may receive information about you from our third-party partners and service providers who help us to provide services to you, including the Platform and Services.
  • Automatically as you navigate the Platform. Information collected automatically as you use and navigate the Platform may include usage details, email address, IP address, and information collected through cookies and other tracking technologies.

 

What information do we collect?

Information you provide to us. We collect the information you provide directly to us when you register an account, subscribe to a Sender’s text list, and otherwise access and use the Platform and Services. The types of information that we collect from you varies depending on whether you are a Sender, Subscriber, or Visitor. If you are a Sender, we will collect your:

 

  • First and last name
  • Company name and information
  • E-mail address
  • Phone number
  • Physical Address
  • Billing and payment card information
  • Account information (including username and password)
  • Marketing campaign information
  • Messaging content and information
  • Information regarding your utilization of the Services
  • Any other information that you submit to or store within the Platform

If you are a Subscriber, we will collect your:

  • First and last name
  • E-mail address
  • Mobile phone number
  • Physical Address
  • Messaging content and information
  • Opt-in and opt-out records
  • Survey responses
  • Day and month of birth
  • Information regarding your utilization of the Services
  • Any other information that you submit to or store within the Platform

If you are a Visitor, we may use cookies and other tracking technologies to collect data regarding your visit(s) to the Platform. Please see the below sections regarding information sent to us by web browsers and information collected by cookies and other technologies for more information.

Information sent to us by web browsers. We and our third-party service providers collect information that is sent to us automatically by your web browser or device. This information typically includes your IP address, the identity of your Internet service provider, the name and version of your operating system, the name and version of your browser, the date and time of your visit (and the number of your visits), the pages you visit, the length of your visit, average time spent, and the websites you visit before coming to and after leaving the Platform. The information we receive may depend on your browser or device settings.

The information we receive from your web browser and/or device is not, in and of itself, personally identifiable. Generally, we use this information in the aggregate to help us improve the Platform and make it more compatible with the technology used by our visitors. However, we may combine it with other information in an attempt to identify you or we may combine it with information that does identify you. We may also review our server logs for security purposes – for example, to detect intrusions into our network – and we might share our server logs, which contain visitors’ IP addresses, with the appropriate investigative authorities who could use that information to trace and identify you.

Information collected by cookies and other technologies. We use “cookies” and other tracking technologies to collect information and support certain features of the Platform.  Cookies are identifiers we transfer to your device that allow us to recognize your device and tell us how and when pages and features in our Platform and Services are visited and by how many people.

How do we use your information?

We process information in order to provide the Platform and Services to you and any additional services you request, as well as to respond to communications from you. The precise purposes for which your personal information is processed will be determined by the request, and by applicable laws, regulatory guidance, and professional standards.

 

Generally, we use the information we collect from you to:

  • Provide the Platform, Services, and any other information or services you request to you.
  • Support the Platform and our Services and business.  For example, we may use your information to respond to inquiries and troubleshoot any issues with the Platform or Services.
  • Manage our business needs, such as operating, monitoring, analyzing, and improving the Services and the Platform’s performance and functionality.  For example, we analyze website user behavior and conduct research and analysis about the way you and other users use the Platform and Services.
  • Manage risk and protect the Platform. We use data to better protect the Platform, our Services, and you by helping to detect and prevent fraud and abuse of the Platform and Services
  • Tailor our offerings and the offerings of Senders to your preferences and apparent interests.
  • Improve the Platform and our Services and business, and develop new products and services
  • Maintain our records, including, but not limited to, your opt-in and opt-out records.
  • Market, promote, and provide other information regarding our products and services (including the Services) and/or the products and services of Senders.
  • Conduct processing necessary to fulfill other contractual obligations for you.
  • Comply with our other contractual, legal, and regulatory obligations. We will use your information as necessary to enforce the terms of the Platform and our Services, to address emergency situations, and to comply with our other contractual obligations and all applicable laws and regulations.
  • Carry out other purposes for which you provide your consent. For example, we will use your information for other purposes which are disclosed to you at the time your information is collected or for purposes which can be inferred from or are obvious given the circumstances of collection.

Please see below for information about the choices you have about the ways we use your information.

 

Do we disclose any information to outside parties?

We do not sell, trade, or transfer your information to third parties, except in the circumstances described below.

 

Third-Party Service Providers

We may disclose your information to our vendors and other third-party service providers, such as website hosts, analytics providers, and payment processors, that help us support features on the Platform and provide our Services to you. Further, our online service providers may implement technologies that allow for the collection of personally identifiable information over time and across websites. We may also disclose aggregated, de-identified information, and analyses and reports derived from such information, to our service providers. These service providers are responsible for their own compliance with data protection laws.

We use Google Analytics to measure and report how users interact with the Platform, and to analyze the traffic to the Platform and for the other purposes as set forth in this Privacy Policy.  For more information about Google Analytics and how it collects and processes data, please see “How Google Uses Data When You Use Our Partners’ Sites or Apps.” For more information about how Google uses and shares information collected by Google Analytics through your visits to Platform, please see Google’s Terms of Service and Privacy Policy. If you do not want your Platform visit data reported by the Google Analytics JavaScript, you can install the Google Analytics opt-out browser add-on.  This add-on instructs the Google Analytics JavaScript to prohibit sending visit information to Google Analytics, but does not prevent information from being sent to the Platform itself or in other ways to other website analytics services. Click here if you would like to learn more about the Google Analytics opt-out browser add-on, and click here to install the opt-out browser add-on.

Senders

If you are a Subscriber, we will disclose your information (including, but not limited to, your mobile phone number and survey responses) to the Senders whose text lists you have subscribed to so that they may send you updates, news, announcements, invitations, offers, and other information via text message.

Legal Requirements and Business Transfers

We may disclose your information: (i) if we are required to do so by law, legal process, statute, rule, regulation, or professional standard, or to respond to a subpoena, search warrant, or other government official request; (ii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss; (iii) in connection with an investigation of a complaint, security threat, or suspected or actual illegal activity; (iv) in connection with an internal audit; or (v) in the event that AMP is subject to mergers, acquisitions, joint ventures, sales of assets, reorganizations, divestitures, dissolutions, bankruptcies, liquidations, or other types of business transactions. In these types of transactions, your information (including personal information) may be shared, sold, or transferred, and it may be used subsequently by a third party.

What choices do you have about your information?

We offer certain choices about how we communicate with you and what information we obtain about you and share with others.

Account.  If you are a Sender with an account on the Platform, you can update, modify, or delete certain of your account information and preferences after you log into your account using the features and functionalities available there. You may also contact us at the email address below for assistance in updating, modifying, or deleting any of your information.

Email preferences.  You may opt out from receiving future promotional or informational emails from us by following the instructions for unsubscribing in the emails we send to you or by contacting us at the email address below. However, if you are a Sender, you cannot opt out of transactional emails related to your account registration with the Platform or other transactions with us.

Text list opt-out.  If you are a Subscriber, you may opt out of a text program and cease receiving texts from a Sender at any time by replying to a received text message from the Sender’s ten-digit long code number or short code 36000 with one of the following words: “STOP”, “END”, “CANCEL”, or “UNSUBSCRIBE”. Once your opt-out has been confirmed, you will no longer receive text messages from that Sender, and we will no longer share any of your information with that Sender.

Do Not Track.  While we take all reasonable steps to protect the privacy of our website visitors, we cannot promise that the current limitations of our online applications programming will address every browser setting or honor every personal browser preference. In particular, we have not implemented the necessary program changes to honor “Do Not Track” or “DNT” browser signals. As our online applications programming is refined, we will take all reasonable steps to honor such requests in the future. Please return to this Policy for further updates on this topic.

Cookies.  Most web browsers automatically accept cookies, but you can change your browser’s settings to disable all or certain cookies if you wish. Please be aware that if you change the preferences on your device to prevent or limit your device’s acceptance of cookies, this may prevent you from taking advantage of some of the features on the Platform.

 

Location of the Platform

The Platform is hosted and operated in the United States.  However, we and our service providers may store information about individuals in the United States, or we may transfer it to, and store it within, other countries.

Visitors from jurisdictions outside the United States visit us at their own choice and risk.

If you are not a resident of the United States, you acknowledge and agree that we may collect and use your personal information outside your home jurisdiction, and that we may store your personal information in the United States or elsewhere. Please note that the level of legal protection provided in the United States from which you may access the Platform may not be as stringent as that under privacy standards or the privacy laws of other countries, possibly including your home jurisdiction.

How long do we retain your information?

We will keep your information for the period necessary to fulfil the purposes described in this Policy, unless a longer retention period is permitted or required by law.

 

Third-party links

Occasionally, at our discretion, we may link to third-party products or services on or through the Platform or Services. These third parties have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. We urge you to read the privacy policies of other websites before submitting any information to those websites.

How do we protect your information?

AMP has implemented reasonable physical, technical, and administrative security standards to protect your information from unauthorized loss, misuse, alteration, or destruction. We strive to protect your personal information against unauthorized access, use, or disclosure, using security technologies and procedures, such as encryption and limited access. Only authorized individuals access your personal information, and they receive training about the importance of protecting personal information. However, no system or procedures are entirely secure or failsafe, and we do not guarantee the security of your information.

CALIFORNIA PRIVACY NOTICE

Pursuant to applicable California law, including the California Consumer Privacy Act (“CCPA”), AMP makes the following disclosures regarding the personal information we collect:

 

Category of Personal Information Category of Source from which Data is Collected Purpose of Collection Category of Third Parties to whom Data is Disclosed
Contact information such as name, e-mail address, phone number, mailing address Directly from users To provide the Services and support our electronic and digital programs Service Providers and Senders
Payment information such as credit card information Directly from users To facilitate payment for the Services Service Providers
Date of birth Directly from users To support our electronic and digital programs Service Providers
User preferences such as interests and activities Directly from users To personalize the Services according to your personal preferences; for developing new goods and services, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our service promotions and operating and expanding our business activities Service Providers and Senders
Automatically collected information on websites such as IP address, device type, browser type Cookies and other tracking technologies For data analysis, audits, security and fraud monitoring and prevention; activities, events and promotions; for developing new goods and services, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities Service Providers

 

We have not sold consumers’ personal information in the twelve (12) months preceding the effective date of this Privacy Policy.

If you are a California resident, pursuant to the CCPA, you have the right to request:

  • the categories of personal information we have collected about you;
  • the categories of sources from which your personal information is collected;
  • the business or commercial purpose of collecting or selling your personal information;
  • the categories of third parties with whom we shares your personal information;
  • the specific pieces of personal information we have collected about you;
  • when and if applicable, the categories of personal information that we have sold about you and the categories of third parties to whom the personal information was sold, if applicable;
  • deletion of your personal information; and
  • an opt out of having your personal information disclosed or sold to third parties.

To submit a request, or designate an authorized agent to make a request under the CCPA on your behalf, please contact us at ccpinquiry@ampcorporate.com or phone us toll free at (800) 579-0710.  To verify your identity when you submit a request, we will match the identifying information you provide us to the personal information we have about you.  If you have an account with us, we will also verify your identity through our existing authentication practices for your account. Request will typically be honored within 45 days or less, but may take up to 90 days based on the results of verification.

 

However, we will not be required to comply with your request to delete your personal information if it is necessary for us to maintain your personal information in order to:

  • complete the transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
  • detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
  • debug to identify and repair errors that impair existing intended functionality;
  • exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
  • comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code;
  • engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent;
  • to enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
  • comply with a legal obligation; or
  • otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

We will not discriminate against you in the event you exercise any of the aforementioned rights under CCPA, including, but not limited to, by:

  • denying goods or services to you;
  • charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
  • providing a different level or quality of goods or services to you; or
  • suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

This Policy is available to consumers with disabilities. To access this Policy in an alternative downloadable format, please phone us toll free at (800) 579-0710 and we will promptly email you a PDF of this policy in a large font resolution or mail send you a physical copy of it.

 

Your Nevada Privacy Rights

We do not currently sell your covered information as those terms are defined under applicable Nevada law. However, you may still submit an opt-out request and we will honor that request as required by Nevada law if we were to ever engage in such a sale in the future. If you are a Nevada resident and would like to opt-out of future sales of your covered information, please submit your request to textsupport@ampcorporate.com, or by calling us at (800) 807-6870. Your request must include your full name, street address, city, state, zip code, and an email address so that we can contact you if needed regarding this request. You may also be required to take reasonable steps as we determine from time to time in order to verify your identity and/or the authenticity of the request. We will respond to your request within sixty (60) days either confirming that your request has been processed or indicating that we need an additional thirty (30) days to complete the request.

 

Do we collect information from children?

The Platform and Services not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Platform or Services. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Platform or Services or on or through any of their features, including your name or email address.  If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at abuse@ampcorporate.com.

Anti-Spam Policy

AMP follows an anti-spam policy and we have a zero tolerance for unsolicited text messages.   We allow only verified opt-in subscriptions, and the Platform and Services ensure that all Subscribers can opt out from receiving unwanted text messages.

If you have any complaints relating to any aspect of the Platform or Services or concerns regarding your privacy, please contact us immediately by emailing abuse@ampcorporate.com.  Please state clearly the nature of the concern or complaint (and whether it regards to messages that you believe are unsolicited) and include your mobile phone number in your email, along with the name of the Sender that the text message or email came from and the contents of the text message. If the message originated from the Platform, you will be removed from that list and the Sender will be restricted from messaging your mobile phone number unless you subscribe to their list in the future. We will use reasonable efforts to acknowledge your correspondence within five (5) business days and will assign you a contact person who will be responsible for keeping you informed of the progress of your complaint.

 

Contacting us

For any questions, or to request further information regarding this Policy, please contact us at textsupport@ampcorporate.com.

Changes to this Policy

It is our policy to post any changes we make to this Policy on this page. If we make material changes to how we treat our users’ information, we will notify you by e-mail to the primary e-mail address you have provided to us and/or possibly through a notice on our Platform’s home page. The date this Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting the Platform and this Policy to check for any changes.